HomeMy Public PortalAbout31-2010 Sec 70-46 Landscape Watering 11.11.10
ORDINANCE NO. 31-2010
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
TO CREATE A NEW ORDINANCE PERTAINING
TO WATERING OF OUTDOOR LANDSCAPE
FOR THE CITY OF TYBEE ISLAND, GEORGIA
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia
to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and
WHEREAS, the governing authority desires to adopt ordinances under it police, zoning, and home rule powers, and
WHEREAS, the City of Tybee Island recognizes an imminent need to create a culture of water conservation and to plan for water supply enhancement during future extreme drought conditions
and other water emergencies, and
WHEREAS, reasonable restrictions on the outdoor watering of landscape are necessary to address this in furtherance of addressing this need, and
WHEREAS, the General Assembly of the State of Georgia has required all counties and cities in Georgia to adopt an ordinance to be in effect no later than January 1, 2011 to allow outdoor
watering of landscape to be between the hours of 4:00 p.m. and 10:00 a.m. (with certain exceptions); and
WHEREAS, pursuant to law, the City of Tybee Island, through its Mayor and Council, have prepared an ordinance to address the outdoor watering of landscape; and
WHEREAS, for many years, the City of Tybee Island has been proactive in connection with conservation activities and continues to be proactive and will continue to be proactive in regard
to conservation efforts;
NOW, THEREFORE, be it ordained by the Mayor and Council duly assembled that the Code of Ordinances for the City of Tybee Island is hereby amended so as to create a section to be numbered
Section 70-46 as follows:
Sec. 1. Restriction on Outdoor Water of Landscape. Outdoor watering for purposes of planting, growing, managing, or maintaining ground cover, trees, shrubs, or other plants in the
incorporated area may occur only between the hours of 4:00 p.m. and 10:00 a.m.; provided, however, that this limitation shall not create any limitation upon the following outdoor water
uses:
(A) Commercial agricultural operation as defined in O.C.G.A. § 1-3-3;
(B) Capture and reuse of cooling system condensate or storm water in compliance with applicable ordinances and state guidelines;
(C) Reuse of gray water in compliance with O.C.G.A. § 31-3-5.2 and applicable local board of health regulations;
(D) Use of reclaimed waste water by a designated user from a system permitted by the Environmental Protection Division of the Georgia Department of Natural Resources to provide reclaimed
waste water;
(E) Watering personal food gardens;
(F) Watering new and replanted plant, seed, or turf in landscapes, or sports turf fields during installation and for a period of 30 days immediately following the date of installation;
(G) Drip irrigation or irrigation using soaker hoses;
(H) Hand watering with a hose with automatic cutoff or handheld container;
(I) Use of water withdrawn from private water wells or surface water by an owner or operator of property if such well or surface water is on said property;
(J) Watering horticultural crops held for sale, resale, or installation;
(K) Watering athletic fields or public turf grass recreational areas;
(L) Installation, maintenance, or calibration of irrigation systems; or
(M) Hydroseeding.
Sec. 2. Enforcement.
(a) No person shall use or allow the use of water in violation of the restrictions on outdoor water use contained in ordinance.
(b) The City building official shall be the enforcement authority for this ordinance. The City Manager may also authorize other departments as may be deemed necessary to support enforcement.
(g) Criminal and alternative penalties. Any violation of this section may also be enforced by a citation or accusation returnable to the Municipal Court or by any other legal means
as set forth in this Code.
Sec. 3. Repealer.
All ordinances or parts of ordinances in conflict with this ordinance are repealed.
Sec. 4. Severability.
The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable. Should any section, paragraph, sentence, clause or phrase of this ordinance be rendered invalid
by any court of law, the remaining sections, paragraphs, sentences, clauses or phrases shall not be affected but shall continue in effect until amended or repealed by action of the governing
authority of the City of Tybee Island.
Sec. 5. Effective Date. This ordinance shall go into effect on [not later than January 1, 2011].”
It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become and be made a part of the Code of Ordinances, City of Tybee Island,
Georgia, and the sections of this ordinance may be renumbered if necessary to accomplish such intention.
ADOPTED THIS DAY OF , 2010.
_________________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING:
SECOND READING:
ENACTED:
EMH/TYBEE/ORDINANCES/2010/31-2010 Sec 70-46 Landscape Watering 11.11.10